Sentences with phrase «tribunal under a jurisdiction»

However, we return to the point that the SGP applies «in relation to any grievance about action by the employer that could form the basis of a complaint by an employee to an employment tribunal under a jurisdiction listed in Schedule 3 or 4» (emphasis added).

Not exact matches

[41][42] In May 2012, the tribunal again under a purported exercise of universal jurisdiction took testimony from victims of torture at Abu Ghraib and Guantanamo, and convicted in absentia former President Bush, former Vice President Dick Cheney, former Defense Secretary Donald Rumsfeld, former Deputy Assistant Attorneys General John Yoo and Jay Bybee, former Attorney General Alberto Gonzales, and former counselors David Addington and William Haynes II for conspiracy to commit war crimes.

In a nutshell, the Court argued that if a court or tribunal potentially rules on a matter «covered by EU law» (para. 55), and if that court or tribunal is situated outside the EU judicial system, the autonomy of EU law is under threat, even if EU law is only occasionally relevant to the disputes over which arbitral tribunals exercise jurisdiction.

Nor does it just say the council may consider a ruling, issued by a tribunal constituted under the Human Rights Act or a court of competent jurisdiction under the Charter, that the university has violated the Human Rights Act or Charter,» the court of appeal also said.

First, the member state could argue that its obligations under EU law take priority over its BIT obligations, in which case the priority of one obligation over the other can only be established by applying conflict rules, but such arguments have not been raised in intra-EU arbitrations (apart from conflict arguments challenging the jurisdiction of the tribunals which is a different matter).

The arbitration clause provided that the local arbitral tribunal issuing the award only had jurisdiction over «non-technical» disputes, and any «technical» disputes were to be resolved by an international arbitral tribunal under the ICC Arbitration Rules.813

«Notwithstanding section (1), the parties may agree to exclude the jurisdiction of the Court under this section and an agreement to dispense with reasons for the arbitral tribunal's award shall be treated as an agreement to exclude the jurisdiction of the Court under this section.»

An investor - State tribunal, chaired by Neil Kaplan QC, has ruled that it has no jurisdiction to hear Turkcell's claims against the Islamic Republic of Iran under the Turkey - Iran bilateral investment treaty.

In relation to an award by an employment tribunal or sum due under an ACAS settlement, the High Court and County Courts Jurisdiction (Amendment) Order 2009 (SI 2009/577) will allow beneficiaries to enforce by way of execution against goods in either the High Court or county court where the sum involved is less than # 5,000.

Summary: The appellant challenged a Swedish arbitral award under Section 34 of the Swedish Arbitration Act, alleging that the arbitral tribunal either exceeded its jurisdiction or committed a...

In addition to the frustration this causes for US multinationals at the management level, it causes equal (if not more) frustration in the jurisdictions where these actions are carried out, when employees and / or labor tribunals perceive that Americans neither know nor have respect for employee protections under local law.

Tribunal jurisdiction to hear claims under SDA 1975 (now of course superseded) is contained within s 63 which states: «A complaint by any person («the complainant») that another person («the respondent»)-- has committed an act of discrimination or harassment... may be presented to an employment tribunal.»

Solicitors for the Council wrote to the GMB and UNISON unions notifying them that should the claimants succeed in their group claim under the Equal Pay Act 1970 and the Sex Discrimination Act 1975 (SDA 1975) then the Council would seek a contribution under CLIA 1978, which the Council asserted the tribunal had jurisdiction to determine.

Some of the allegations relate to the broadcast of the offensive logo and team name, which is a federal issue, while hosting the game in Ontario sees the matter also fall under provincial jurisdiction, which is why applications were filed with both federal and provincial human rights tribunals.

The term of legal autonomy comprises thus for Gragl four «imperatives» that the Court has developed, with the consequence of some serious constraints imposed by the CJEU under its vigilant protection of legal autonomy on Member States choice and utilization of other international courts and tribunals and on the jurisdiction of such courts and tribunals (p. 84).

The first issue is the tribunal's jurisdiction to decide only those matters arising under the collective agreement.

In reaching this decision, the High Court undertook a review of past Singapore case law and legal commentary on the nature and purpose of Article 34 (2)(a)(iii), ultimately deciding that «as a matter of policy, to hold that Art 34 (2)(a)(iii) does not apply, where no other limb under Art 34 (2) would be engaged, would allow an arbitral tribunal to immunize its awards against judicial scrutiny by delivering its conclusions on both jurisdiction and merits in a single award», which would have been an «unsatisfactory result».

As mentioned in Auto Equity Sales v. Superior Court before the California Supreme Court and as brought in the Wikipedia article on precedent: «under the doctrine of stare decisis, all tribunals exercising inferior jurisdiction are required to follow decisions of courts exercising superior jurisdiction.»

All of these issues fall under the jurisdiction of boards, tribunals and government agencies that make rules affecting our daily lives...

In two of the new cases (the Bangladesh / Myanmar and the Panama / Guinea Bissau cases), the parties have agreed to refer to ITLOS, disputes which ordinarily were within the jurisdiction of arbitral tribunals under the dispute settlement system of the United Nations Convention on the Law of the Sea.

To do that it would need to show that the dispute it has submitted to the arbitral tribunal falls outside China's exclusion of jurisdiction under Art. 298 (1)(a).

In a unanimous decision, the tribunal - which had been constituted under the auspices of the World Bank's International Centre for Settlement of Investment Disputes (ICSID) Additional Facility Rules (the Additional Facility)- ruled that it lacked jurisdiction over NSPI's claims because NSPI was not an «investor» who had made a qualifying «investment» in Venezuela as called for by the Canada - Venezuela Bilateral Investment Treaty (Canada - Venezuela Treaty).

Most workplaces will fall under provincial or territorial jurisdiction — but if you are uncertain, you can contact your province or territory's human rights commission or human rights tribunal to find out.

The response to the notice of arbitration may also include: (a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction; (b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1; (c) Notification of the designation of an arbitrator referred to in articles 9 or 10; (d) A brief description of counterclaims or claims for the purpose of a set - off, if any, including where relevant, an indication of the amounts involved, and the relief or remedy sought; (e) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim against a party to the arbitration agreement other than the claimant.

Counsel for Stans Energy Corporation before the High Court of England and Wales defending a challenge brought by the Kyrgyz Republic to the jurisdiction of an arbitral tribunal seated in London and hearing claims under the Kyrgyz Foreign Investment Law.

Either party also may, without waiving any remedy under this agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy).

Supreme Court of Canada confirms that administrative tribunals with the authority to decide questions of law are courts of competent jurisdiction under s. 24 of the Charter.

The Supreme Court of Canada has confirmed that administrative tribunals with the authority to decide questions of law are courts of competent jurisdiction under s. 24 of the Canadian Charter of Rights and Freedoms.

In other words, under Singapore law, while a party that wishes to challenge the tribunal's decision on its own jurisdiction has a choice of electing between the active remedy under Art 16 (3) of the Model Law and the passive remedy of resisting enforcement, such a party does not have a choice of electing between the active remedy under Art 16 (3) of the Model Law and the active remedy of setting aside the award under Art 34 (2)(iii) of the Model Law.

This means that the provisions of intra-EU BITs that provide for ISDS and form the basis of the consent of Member States to arbitration are inapplicable; hence, arbitral tribunals lack jurisdiction under intra-EU BITs.

Such a problem would not exist, were arbitral tribunals, including the ICS to be considered a court or tribunal of a Member State, as then it would be able to ask for a preliminary reference ruling under Article 267 TFEU, thus engaging the jurisdiction of the CJEU.

Representing Italy in a dispute with India before the International Tribunal for the Law of the Sea and an arbitral tribunal constituted under the United Nations Convention on the Law of the Sea concerning which of them has criminal jurisdiction over two Italian marines accused of wrongdoing off the coast of India.

Thus it will be seen by these quotations from the opinion that the court, after stating the question it was about to decide in a manner too plain to be misunderstood, proceeded to decide it, and announced, as the opinion of the tribunal, that in organizing the judicial department of the Government in a Territory of the United States, Congress does not act under, and is not restricted by, the third article in the Constitution, and is not bound, in a Territory, to ordain and establish courts in which the judges hold their offices during good behaviour, but may exercise the discretionary power which a State exercises in establishing its judicial department and regulating the jurisdiction of its courts, and may authorize the Territorial Government to establish, or may itself establish, courts in which the judges hold their offices for a term of years only, and may vest in them judicial power upon subjects confided to the judiciary of the United States.

3.4 Under what circumstances can a national court address the issue of the jurisdiction and competence of an arbitral tribunal?

A party's right to bring a challenge under sections 67 and 68 may be lost if that party does not object to the tribunal's jurisdiction and / or procedural irregularities forthwith and continues to take part in the proceedings (section 73).

A party challenging the substantive jurisdiction of the tribunal under section 67 is entitled to a complete rehearing, rather than a review of the decision reached by the tribunal (Azov Shipping Co v Baltic Shipping Co (No 1)[1999] 1 Lloyd's Rep 550; Dallah Real Estate & Tourism Holding Co v The Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46).

It is important to note that under the British Columbia Administrative Tribunals Act, [2] certain provincial tribunals including the RTB, do not have jurisdiction to consider constitutional qTribunals Act, [2] certain provincial tribunals including the RTB, do not have jurisdiction to consider constitutional qtribunals including the RTB, do not have jurisdiction to consider constitutional questions.

(a) the complaint or that part of the complaint is not within the jurisdiction of the tribunal; (b) the acts or omissions alleged in the complaint or that part of the complaint do not contravene this Code; (c) there is no reasonable prospect that the complaint will succeed; (d) proceeding with the complaint or that part of the complaint would not (i) benefit the person, group or class alleged to have been discriminated against, or (ii) further the purposes of this Code; (e) the complaint or that part of the complaint was filed for improper motives or made in bad faith; (f) the substance of the complaint or that part of the complaint has been appropriately dealt with in another proceeding; (g) the contravention alleged in the complaint or that part of the complaint occurred more than 6 months before the complaint was filed unless the complaint or that part of the complaint was accepted under section 22 (3).

By way of example only (and not by limitation), if the parties do not agree on whether a particular Dispute is subject to arbitration under this arbitration agreement, the proper tribunal to decide such Dispute is the United States District Court (for the appropriate district, as provided above) or, absent subject matter jurisdiction in that United States District Court, in the appropriate state court (as described above).

assign sole jurisdiction over claims under the legislation on domestic relations and relevant claims under the common law to the tribunal, and remove the jurisdiction of the civil courts;

As mentioned, this is the express authourity given to the cop to suspend a licence, and ALL licence suspensions under s. 47 are appealable to the Licence Tribunal under s. 50, thus the driver is statute barred from the ordinary courts as the tribunal has exclusive jurisdiction; yet the Licence Tribunal is unlawfully refusing to hear appeals for short term drinking and driving or stunt driving licence suspensions.

(2) For the purposes of subsection (1), the appeal tribunal may determine any matter that is relevant to the action and within the Board's jurisdiction under this Act, including determining whether

A court may not recognize a foreign - country judgment if: the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law, as determined by the court using standards developed by the American Law Institute and the International Institute for the Unification of Private Law to govern resolution of transnational disputes; the foreign court did not have personal jurisdiction over the defendant; or the foreign court did not have jurisdiction over the subject matter.

Subsequently the Court of Appeal ruled that its decision in McDonagh v Ali should have precluded the employment tribunal from finding jurisdiction to hear complaints against the Labour party under s 12.

However, he is not required (under s 32 and Sch 4) to grieve as a precondition of presenting his claim, and the tribunal will therefore not be deprived of jurisdiction by his failure to do so.

The arbitral tribunal has considered the objections raised by the respondents herein that the arbitral tribunal did not have jurisdiction to decide the allegations to forgery, fraud and fabrication and has rendered the jurisdictional award holding that under law of Singapore, the arbitral tribunal has jurisdiction to decide such allegations.

Under Article 16 (2) of the Model Law attached to the Ontario ICAA, a plea that the arbitral tribunal does not have jurisdiction must be raised no later than the submission of the statement of defence, and a plea that the arbitral tribunal is exceeding the scope of its authority must be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings.

In this view of the matter and for the reasons that we have indicated, we have come to the conclusion that this Court has no jurisdiction to entertain the petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an international commercial award of an arbitral tribunal constituted by the Refined Sugar Association, London.

means a court (whether or not exercising jurisdiction under this Act) and includes a tribunal or other body concerned with professional ethics.